Online Kevorkian’s First Amendment Challenge to Assisted Suicide Convictions Unsuccessful -– State v. Melchert-Dinkel
[Post by Venkat Balasubramani, with comments from Eric] State v. Melchert-Dinkel, A11-0987 (Minn. Ct. App.; July 17, 2012) The State of Minnesota prosecuted a Minnesota nurse for engaging in Internet conversations with people who were contemplating suicide. The individuals who…
Backpage Gets Important 47 USC 230 Win Against Washington Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More)
By Eric Goldman [I’ve added some bonus content to the end of this Forbes cross-post] In 1996, Congress enacted a powerful statutory immunity for user-generated content, located at 47 U.S.C. 230 (“Section 230”). Section 230 says that websites aren’t liable…
Franchisor Isn’t Liable Under the TCPA for Franchisees’ Text Message Campaign – Thomas v. Taco Bell
[Post by Venkat Balasubramani with comments from Eric] Thomas v. Taco Bell Corp., SACV 09-01097-CJC(ANx) (C.D. Cal.; June 25, 2012) Thomas allegedly received unauthorized text messages as part of an advertising campaign for Taco Bell’s Nachos BellGrande (“[a] large platter…
H1 2012 Quick Links, Part 5 (Consumer Reviews, Content Regulation, Miscellaneous)
By Eric Goldman [This is the last of the quick links for now. Hope you’ve enjoyed them!] Consumer Reviews * Deeply troubling development: Vacation rental companies are inserting non-disparagement clauses into their contracts to suppress negative online reviews. * Ascentive,…
H1 2012 Quick Links, Part 4 (Search Engines, eBay, Social Networking Sites)
By Eric Goldman [Note: if you click on any of the Scribd links below and get a warning that you’re accessing adult content, ignore that. In only the latest of Scribd’s f-ups, it has deployed a massively overinclusive adult content…
Confirmatory Opt-Out Text Message Doesn’t Violate TCPA – Ibey v. Taco Bell
[Post by Venkat Balasubramani] Ibey v. Taco Bell Corp., 12 CV 0583 (HVG) (S.D. Cal.; June 18, 2012) Plaintiff responded to an invitation to complete a survey about Taco Bell and “voluntarily sent a text message . . . to…
The “I Didn’t Understand Facebook’s Privacy Settings” Argument Isn’t Persuasive to Judges–Sumien v. CareFlite
By Eric Goldman Sumien v. CareFlite, 2012 WL 2579525 (Tex. App. Ct. July 5, 2012). Appellate court docket. Sumien and Roberts were CareFlite EMTs. Roberts posted on a third employee’s Facebook wall how she wanted to slap a patient. Responding…
New Jersey Appeals Court Reverses Anti-Harassment Order Based on Emails – E.L. v. R.L.M
[Post by Venkat Balasubramani] E.L. v. R.L.M, 2012 N.J. SUPER. UNPUB. LEXIS 1199 (N.J. Ct. App.; May 30, 2012) E.L. and R.L.M. divorced, but they had children together. E.L. had custody of the children but R.L.M. had liberal visitation. Prior…
Will the Floodgates Open Up for Americans with Disabilities Act (ADA) Claims Against Websites?–National Association of the Deaf v. Netflix
By Eric Goldman National Association of the Deaf v. Netflix, Inc., 3:11-cv-30168-MAP (D. Mass. June 19, 2012) This is a bad ruling. Really terrible. It’s the kind of results-oriented judicial activism that undermines the public’s trust in the judiciary. The…
Mortuary Student Can Be Disciplined for Facebook Posts–Tatro v. University of Minnesota
By Eric Goldman Tatro v. University of Minnesota, 2012 WL 2328002 (Minn. June 20, 2012). My prior blog post on the appellate court ruling in this case. This is one of the many lawsuits over a school disciplining a student…